How can an application identify an international design application when claiming benefit under 35 U.S.C. 386(c)?
When an application is claiming benefit under 35 U.S.C. 386(c) to an international design application designating the United States, it can identify the international design application in one of two ways: By the U.S. application number By the international registration number and U.S. filing date under 37 CFR 1.1023 This is specified in the MPEP:…
Read MoreWhat happens if a protest is not matched with the correct application?
What happens if a protest is not matched with the correct application? If a protest is not properly matched with the correct application, it may not be considered or may be considered untimely. The MPEP 1901.03 emphasizes the importance of correct identification: “It is important that the cover letter be clearly identified as a protest…
Read MoreHow should I identify a national stage application when communicating with the USPTO?
When communicating with the USPTO regarding a national stage application, it’s important to use the correct identification information. The MPEP provides specific guidance: “Once an international application entering the U.S. national phase (“national stage application”) has been accorded a U.S. application number (the two digit series code followed by a six digit serial number), that…
Read MoreHow do I properly identify a patent or application in an assignment document?
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications: National applications: Identify by application number (series code and serial number) International applications designating the US: Identify by international application number International design applications designating the US: Identify by international registration number or US application number If…
Read MoreWhat is the proper way to identify a foreign priority application in a U.S. patent application?
To properly identify a foreign priority application in a U.S. patent application, you should provide: The application number The country or intellectual property authority The filing date (day, month, and year) MPEP 214.04 advises: “To ensure an accurate and complete citation of a foreign priority application, applicants should review the list of the various intellectual…
Read MoreHow should a patent or application be identified in an assignment document?
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows: For a patent: Use the patent number For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456) For an international patent application designating the U.S.: Use the international…
Read MoreHow do I properly identify patent correspondence?
When filing patent correspondence, you should include the following identifying information: Application number (checked for accuracy, including series code and serial number) Art Unit number (copied from most recent Office communication) Filing date Name of the examiner who prepared the most recent Office action Title of invention Confirmation number As stated in 37 CFR 1.5(a):…
Read MoreHow do I properly identify a foreign application when claiming priority in a U.S. patent application?
How do I properly identify a foreign application when claiming priority in a U.S. patent application? When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details: The application number of the foreign application The country or…
Read MoreWhat are the requirements for identifying the application in an inventor’s oath or declaration?
An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification: For oaths/declarations filed on the application filing date: Inventor name(s) and reference to an attached specification Inventor name(s) and attorney docket number from the specification Inventor name(s) and title of the invention…
Read MoreWhat information is needed to identify a national patent application in an assignment?
To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific…
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